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National Security Strategy

The Biden Administration’s Aggressive Policy Changes to Combat Corruption

The Biden administration’s new strategy to combat corruption defines it as a national security risk to the economy and to democracy itself. Setting out a lofty, yet sometimes vague, road map for the future, it is unclear how effective this plan will be against the broad range of harms it seeks to combat.

First Amendment

Washington’s Election Misinformation Bill Demonstrates Dangers of Compromising First Amendment Values

Washington Governor Jay Inslee's support for a bill that “would outlaw attempts by candidates and elected officials to spread lies about free and fair elections when it has the likelihood to stoke violence” raises substantial First Amendment problems.

U.S. Supreme Court

What the Supreme Court’s Rejection of the Employer Vaccinate-or-Test Rule Means for Biden’s Agenda

With this opinion, the court signals its willingness to scrutinize an agency’s statutory authority, even in the face of a plausible, plain reading of the statute that supports the agency’s response to the impact a deadly pandemic is having on people at work.

Podcasts

The Lawfare Podcast: Ned Foley on Electoral Count Act Reform

As the prospect of broader election reform has grown more remote, bipartisan discussions have increasingly come to center on one long standing law: the Electoral Count Act of 1887. Designed to regulate the process through which Congress counts electoral votes, ambiguities in this antiquated law have been a frequent source of anxiety, most recently in the wake of the 2020 election, when many feared outgoing President Trump would successfully capitalize on them to prevent the certification of his loss. To discuss the Electoral Count Act and its potential reform, Scott R.

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